Permits deferral of vacation days for certain members of the retirement system.
TITLE OF BILL: An act to amend the retirement and social security law, in relation to the deferral of vacation days for certain members of the retirement system
PURPOSE: This bill would allow uniformed persons, uniformed personnel, or security hospital treatment assistants the option of postponing the use of up to five vacation days per year and taking a monetary payment in lieu thereof on the date of retirement
SUMMARY OF PROVISIONS: This bill amends the retirement and social security law, by adding a new subdivision 89-1
JUSTIFICATION: Employees should have the option of postponing the use of some of their vacation days each year and taking a monetary payment at retirement. As vacation days are earned by, and earned through an employee's work, should an employee opt not to use their vacation days throughout the year they should be entitled to receive compensation at the end of their employment. In addition, when an uniformed employee takes a vacation day, the employer must have a replacement on duty, often at a wage that is higher than standard pay, which means the employer is incurring additional costs. The employee deferral of the vacation day is a financial benefit for the state that should be incentivized.
LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: See the bill.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5406--A 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________Introduced by Sen. GIPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the retirement and social security law, in relation to the deferral of vacation days for certain members of the retirement system THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 89 of the retirement and social security law is amended by adding a new subdivision l to read as follows: L. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, CODE, RESOLUTION OR CHARTER TO THE CONTRARY, UNIFORMED PERSONS, UNIFORMED PERSONNEL, OR SECURITY HOSPITAL TREATMENT ASSISTANTS AS DEFINED IN SUBDIVISION I OF THIS SECTION SHALL BE AFFORDED THE OPTION OF POSTPONING THE USE OF UP TO FIVE VACATION DAYS PER YEAR AND TAKING A MONETARY PAYMENT IN LIEU THEREOF. SUCH PAYMENT SHALL BE MADE ON THE DATE OF SUCH MEMBER'S RETIREMENT, SEPARATION FROM SERVICE, OR ON THE DATE THE MEMBER BECOMES INELIGIBLE TO RECEIVE THE BENEFITS PROVIDED BY THIS SECTION BY REASON OF TERMINATION, TRANSFER TO A DIFFERENT TITLE OR FOR ANY OTHER REASON WHICH WOULD OTHERWISE DEEM THE MEMBER INELIGIBLE TO RECEIVE SUCH BENEFITS. SUCH PAYMENT SHALL BE MADE AT THE PAY RATE APPLICABLE TO SUCH MEMBER ON THE DATE OF SUCH MEMBER'S RETIREMENT OR ON THE DATE SUCH MEMBER BECOMES INELIGIBLE TO RECEIVE THE BENEFITS PROVIDED BY THIS SECTION BY REASON OF SEPARATION OF SERVICE, TERMINATION, TRANS- FER TO A DIFFERENT TITLE OR FOR ANY OTHER REASON. SUCH MONETARY PAYMENT SHALL NOT BE UTILIZED IN THE DETERMINATION OF FINAL AVERAGE SALARY FOR ANY SUCH MEMBER WHO SO ELECTS TO POSTPONE VACATION DAYS PURSUANT TO THIS SUBDIVISION. ANY SUCH MEMBER WISHING TO POSTPONE THE USE OF VACATIONEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09077-02-4 S. 5406--A 2
DAYS PURSUANT TO THIS SUBDIVISION SHALL ELECT SUCH POSTPONEMENT ON AN ANNUAL BASIS BY CERTIFYING TO THE DIRECTOR OF PERSONNEL OF HIS OR HER RESPECTIVE EMPLOYER OF HIS OR HER INTENTION TO DO SO IN SUCH MANNER AND FORM AS THE RESPECTIVE DIRECTOR SHALL SO REQUIRE. S 2. This act shall take effect immediately.